Four Decades for Justice
On September 27, 2010, Judge Richard Seeborg of the Northern District of California ruled in favor of Cravath clients UAL Corporation and United Airlines, Inc. and their merger partner, Continental Airlines Inc., denying plaintiffs’ motion for a preliminary injunction that sought to enjoin the United/Continental merger. The plaintiffs (49 alleged air travelers) filed suit on June 29, 2010, alleging that merger would substantially lessen competition and could create a monopoly in violation of Section 7 of the Clayton Act. After a two-day hearing, the Court held that the plaintiffs failed to show the existence of any of their three proposed relevant markets and that the plaintiffs “failed to demonstrate any irreparable harm as a result of the merger or that the balance of equities in this case tips at all, let alone sharply, in their favor.” The ruling clears the way for the merger.
The Cravath team included partners Stuart W. Gold and Max R. Shulman; associates Karl C. Huth, Hector J. Valdes, Rebecca Rettig, Scott C. Bernstein, James W. Carlson and Megan Wall-Wolf; and practice area attorney Thomas C. Viles.
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